BIKRAMA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted u/s.304B/34 I.P.C. and sentenced to R.I. for ten years by a judgment dated 31.7.1997 passed by the 1st Additional Sessions Judge, Saran (Chapra) in Sessions Trial No.326 of 1994.

(2.) THE case of the prosecution according to Kanhaiya Rai (P.W.7) is that his sister Savita Devi had been married with appellant Jitendra Rai in the year 1991 and the Donga had taken place in March, 1993. On 27.6.1993 one Lalan Rai came to the house of the informant and informed him that his sister had been done to death by her in-laws. He further alleged that appellant Bikrama Rai, who was the father-in-law of the deceased, had called the informant to his house, at which on 18.6.1993 he along with P.W.1, P.W.2, P.W.3, P.W.5 and P.W.6 had gone to the house of the accused persons, where appellant Bikrama Rai had made a demand of T.V, tape recorder and two piece suit. THE informant sought time till 1.7.1993, but he ordered the rest of the accused persons that in case the demand for dowry was not fulfilled by 26th June, 1993 she would be killed. THE present occurrence is said to have taken place on 28.6.1993.

(3.) IN the result, the appeal is allowed and the order of conviction and sentence passed against the appellants on 31.7.1997 by the 1st Additional Sessions Judge, Saran (Chapra) in Sessions Trial No.326 of 1994 is set aside. The appellants are discharged from the liabilities of their bail bonds.